Analisis Putusan Hakim Nomor1/Pdt.G.S/2020/Pa.Smp Tentang Sengketa Ekonomi Syariah Melalui Perspektif Khes

Abstract

The development of Islamic banking and financial institutions has implications for increasingly the magnitude of the possibility of a problem arising is a situation where two or more parties have been faced with different interest as was the case in judge Nomor1/Pdr.G.S/2020/PA.Smp concerning the Sharia Economic Dispute at the Sumenep religious court. In this case the plaintiff feels aggrieved because the defendats has defaulted or broke a promise, therefore the author took the intiative to analyze the judge’s decision Nomor1/Pdt.G.S/2020/PA.Smp regarding the Sharia Economic Dispute through the perspective of KHES.The type of research uses qualitative research with a normative approach of literature study (Library Research) with the primary data source, namely the judge’s decision Nomor1/Pdt.G.S/2020/PA.Smp as well as secondary data obtained through literature, literature, information from the Sumenep Religious Court used as support on secondary data sources, with three stages of data collection, namely editing (checking data), organizing, and analyzing. The data analysis technique is the analytical process that the focus is on judge’s decision Nomor1/Pdt.G.S/2020/PA.Smp then collected individually qualitative descriptive and compiled systematically and then analyzed and adapted to KHES (Compilation of Sharia Economic Law). The results of this study are in the judge’s decision Nomor1/Pdt.G.S/2020/PA.Smp the judge granted the plaintiff’s claim with verstek stating that it is legal by law that the defendant has defaulted because he did not fulfill the obligation to pay installments based on the agreed Murabahah bil Wakalah contract, pay court fees and the plaintiff was declared valid for the confiscation of the vacant land on behalf of the defendant. Then legal considerations. Judge use is referring to law Number 7 of 1998 as amended by law number 3 of 2006 and the second amendment to law Number 3 of 2006 and the second amendment to law number 50 of 2009 concerning religious courts, Compilation Sharia Economic Law (KHES), Fatwa of the National of the National Sharia Council-Indonesian Ulama Council (DSN-MUI). In determining the judge’s decision also includes the legal basic of the Civil Code (KUHP). In the judgment used by the judge, it is appropriate an appropriate. It’s just that the decision can also be clarified in the writing of both articles and paragraphs in the act so that it can provide an exlplicit legal basis.

Keywords: Decision, Sharia Economic Dispute, Default.